Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Baking Industry Association of Queensland - Union of Employers [1995] QIRC 6 (1995) 148 QGIG 195

194 QUEENSLAND GOVERNMENT INDU STRIAL GAZET TE [20 January, 1995 20 Jan uar y, I 99 5] QUEENSLAND GOVERNMENT INDUSTRIAL GAZET TE 195 #llllllllllll#llll/l#ll#####ll#llll#llll/#l#ll#llll#/l#ll###########/#l#ll#ll/#I QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 - application for variation Austral ian Liquor, Hospitality and Miscellaneous Workers Union , Queensland Branch, Union of Employees AND The Baking Industry Association of Queensland - Union of Employers (No R 12-8 of 1990) CAFE, RESTA URA NT AND CATERI NG AWARD SOUTH -EASTERN DIVI S ION COMM ISSIO NER BOUGOURE 4 January 1995 VARIATION T HIS matter corning on for heariing before the Commission at Brisbane on 4 January 1995, this Commission doth order that the said Award be varied as follows as from the ninth day of January, 1995 :- By deleting subclause ( I) of clause 22 (Wages) and inserting the following in lieu thereof:- " Wa ges 22.(1) Subject to clause 21 A hereof the minimum ra tes of wages to be paid to the undennenti.oned levels of emp loyees shall be as follows:- The new classification structure expresses the interim total rate payable, being the combination of the base rate (includ ing broadbanding adjustments), the first min imum rates adjustment and the $8.00 Safety Net Adjustment, such adjustment is to be absorbed into overaward payments where such payments are being made. Appendix A attached to th is Award li sts amounts involved in broadbanding. Such amounts are to be absorbed 10 the extent of e.quivalent overaward payments. 'Overaward Payment · is defined as the amount (whether it be tem1ed 'overaward payment', 'attendance bonus', 'service increment' or any term whatsoever) which an employee would receive in excess o f the 'Award Wage' which applied immediately prior to the date of operation of any braodbanding or mini mum rates adjustment awarded by the Commission for the classification in which the emp loyee is engaged: 13731_ 1.DOC -- 1 of 2 -- 196 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [20 January, 1995 Provided that such payment shall exclude overtime shift allowances, penalty rates, allowances, fares and travelling time allowances and any other ancillary payment of a like nature prescribed by this Award. The utimate relativ ities for the new classifications are as follows:- Level % Introductory ....... 73 1............ .. . ... ............... 78 2 .... .. .. .............. .... .. .. .......... 82 3 ... .......... 87.4 4 ..... .... .... ...... .......... .. ... .. ........ ...... 92.4 5 .................................. .. ............. 100 6 ....................... ............ .... . .. .... .. 105 7 . .. .... .. .... .. .... .. ..... . .. .. 11 0 Food and Kitchen Beverage Attendant Cook I 2 3 4 5 6 I 2 3 2 3 4 5 The percentage relativities column relates to percentages applying before the application of the $8.00 arbitrated safety net adjustment made in accordance with the February 1994, Review of Wage fixing Principles. Interim Base Rate (Inc. Broad• banding) Class ifi cation Per Week s I. Kitchenman/maid . .............. 325.40 2. Bar Attendant ... ...... .......... .. 341 .00 Drink Waiter............ .. ... .. 34 1.00 Waiter .......................... .. ..... 34 1.00 Receptionist/Cash ier 341 .00 Cas hier .... . .. .... ... 341 .00 Cook ..... .... .. .. ..................:.. .. 341 .00 Singlehand Cook ....... .. 342.10 Other Cook ...... .... .. 341 .00 3. ................. . .... 343.30 4. Head Waiter ... .... 370.00 5. Qual ified Cook .. ... . 356.20 6. Second Cook . .. ..... 364.10 7. Chef or Chief Cook ............ 378.30 Per sons Not Otherwise • Interim Supp. Payment Pe.r Week $ 8.00 8.90 8.90 8.90 8.90 8.90 8.90 8.00 8.90 23.90 19.70 53.80 63.50 68.50 Interim Total Wa ge Ra te •• Excess As At Payment 9/1/95 Pe r Week Per We ek s $ 8.50 34 1.90 349.90 349.90 349.90 349.90 349.90 349.90 2. 10 352.20 349.90 367.20 389.70 410.00 427.60 446.80 Provi ded For ........ .. ... .. ......... 325.40 13.30 Introduct ory Level ........ .. . .. . 304.60 8.00 338.70 3 12.60 The interim total wage rate includes the following wage in creases: 1987 REP; 1st and 2nd SEP; 1991 SEA; 1st Minimum Rates Adjustment and the $8.00 Safety Net Adjustment. * The supplementary payment at each classification level includes an $8 .00 adjustment reflecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994, Reveiw of Wage Fixing Principles. Consistent with the requirements of that principle of the $8.00 safety net adjustment is absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, indus trial agreement or certified agreement - in excess of the minimum rates (classification rate and supplementary payment) prescribed in accordance with the October 19 89. State Wage Case decision and adjusted in accordance with the July 1991, State Wage Case decision. '* Excess Payment - In addition to the base rate, excess payments prescribed above are to be paid for all purposes of the Award. Such excess payment shall not have any subsequent percentage based wage increase applied to it. Such excess payment shall be pa id to all existing and future emp loyees.". Dated this fourth day of January, 1995. By the Commission, [L.S.] R.H. BLUMSOM, Assistant Industrial Registrar . Operative Date: 9 January 1995 Variation - 3rd MRA Released: 9 January 1995 ####################################################### 20January, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 197 -- 2 of 2 --